1501:13-1-01
Effective date and applicability.

(A)
No permit to conduct coal mining and
reclamation operations shall be issued unless application for the permit has
been made in accordance with the requirements of these rules.

(B)
Each coal mining and reclamation
operation shall comply with all the requirements of these rules, except as
provided in paragraphs (C)(1) to (C)(3) of this rule.

(C)
Each structure used in connection with or
to facilitate a coal exploration or coal mining and reclamation operation shall
comply with the performance standards and the design requirements of these
rules except that:

(1)
If the performance
standard in effect prior to August 16, 1982, in Chapter 1513. of the Revised
Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative Code, is no
less effective than the comparable performance standards of these rules, an
existing structure which meets the performance standards of the prior law and
rules may be exempted by the chief from meeting the design requirements of
these rules.

(2)
If the
performance standard in effect prior to August 16, 1982, in Chapter 1513. of
the Revised Code and Chapters 1501:13-1 to 1501:13-14 of the Administrative
Code, is less effective than the comparable performance standards of these
rules, the chief shall require an existing structure to be modified to meet
either the design requirements of Chapter 1513. of the Revised Code and these
rules or the comparable performance standards of Chapter 1513. of the Revised
Code and these rules, or both.

(3)
The exemptions provided in paragraphs (C)(1) and (C)(2) of this rule shall not
apply to:

(a)
The requirements for existing
and new coal mine waste disposal facilities; and

(b)
The requirements to restore the
approximate original contour of the land.

(b)
All operators of underground
coal mines who submitted a mine map and affidavit pursuant to section
1513.12 of the Revised Code as
it was in effect prior to September 1, 1981, shall comply with and be governed
by rules 1501:13-1-01,
1501:13-1-03 to
1501:13-1-13,
1501:13-3-03 to
1501:13-3-08,
1501:13-6-03,
1501:13-12-03,
1501:13-12-04, and
1501:13-14-01 to
1501:13-14-04 of the
Administrative Code, and all rules expressly made applicable therein, except
that a person conducting such operations may choose to design structures in
accordance with the design requirements specified in Chapters 1501:13-4,
1501:13-9, 1501:13-10, 1501:13-11, and 1501:13-13 of the Administrative Code.

(1)
The chief
may terminate jurisdiction under Chapter 1513. of the Revised Code over the
reclaimed site of a completed coal mining and reclamation operation, or
increment thereof, upon the chief's final decision in accordance with Chapter
1501:13-7 of the Administrative Code to release the performance security fully.

(2)
Following a termination under
paragraph (D)(1) of this rule, the chief shall reassert jurisdiction under
Chapter 1513. of the Revised Code over a site if it is demonstrated that the
performance security release was based on fraud, collusion, or
misrepresentation of a material fact.